Strom v. Amvets

Ness, Justice:

This appeal involves the bingo statute. Appellant asserts the court erred in holding Act # 496, Acts and Joint Resolutions of 1980, now codified as S. C. Code Ann. §§ 52-17-10, et seq. (1976 as amended), unconstitutional. Appellant also claims the trial court erred in concluding the unconstitutional portion of the Act was not severable from the remainder of the legislation. We agree and reverse as to severability.

Act # 496, § 2(2), now codified as S. C. Code Ann. § 52-17-20(2) (1976 as amended) states:

[The game of bingo, —, shall not be deemed a lottery when] the recognized…